If a medical error led you to sustain a preventable injury, contacting a Pennsylvania medical malpractice lawyer may feel futile at first. After all, nothing can change what happened. However, there are several benefits to speaking with an experienced lawyer about filing a medical malpractice claim. While it will not reverse the injury or the death of a loved one, individuals may seek compensation for the resulting medical bills, lost wages, pain and suffering, and more. A knowledgeable Pennsylvania medical malpractice law firm can explain the process and what to expect.
Ostroff Godshall Injury and Accident Lawyers has a track record of success with medical malpractice claims. Firm partner Jon Ostroff has helped more than 30,000 Pennsylvania victims who have been harmed or killed by all types of negligence. He and his law firm have recovered millions of dollars for many malpractice victims across the state.
What is Medical Malpractice?
Medical malpractice occurs when a hospital or health care professional acts negligently in providing medical care and caused a patient to suffer harm. A medical professional acts negligently when they breach the standard of care, which means that they have done something that no reasonable medical professional would do in that situation.
As unique as individuals are, so too are medical malpractice cases. Yet, medical professional negligence typically arises in these circumstances:
- Surgical error
- Delay in the diagnosis of cancer or another serious illness
- Misdiagnosis
- Improper delivery of a baby that caused a birth injury
- Improperly administered injection
- Medication error
- Hospital staff error
- Plastic surgery error
These and other types of negligence can lead a person to suffer catastrophic, lifelong, and sometimes fatal injuries.
Finally, a medical malpractice claim must show that the negligent act and resulting injury led to damages. Those damages might be disability, past and future medical bills, loss of income, pain and suffering, and more. Our Pennsylvania attorneys are familiar with medical negligence claims and can help you recover fair compensation.
How Do I Know if It Was Medical Negligence?
At first, it may be difficult to know whether an error caused your injury or a loved one’s death. In fact, getting answers can be impossible on your own. Obtaining and understanding medical records can be complex and often requires a team of individuals (paralegals, attorneys) to be done. The team at Ostroff Godshall Injury and Accident Lawyers will get all of the documents, investigate your medical records with our attorneys and experts, and determine whether you were harmed by medical negligence. If you were, our Pennsylvania medical malpractice lawyers will be able to pursue litigation on your behalf so that you can focus on healing.
Types of Medical Malpractice Cases We Handle
Our lawyers review and handle many kinds of medical negligence claims, including:
Who Can Be Held Responsible?
A medical malpractice claim can involve more than one health care provider. Depending on what happened, responsible parties may include:
- Doctors, surgeons and specialists
- Nurses, physician assistants and nurse practitioners
- Hospitals and health systems, both for their staff’s mistakes and for their own policies, staffing and supervision
- Radiologists and labs that misread scans or test results
- Pharmacists and pharmacies
- Urgent care centers, outpatient surgery centers and nursing homes
Finding every responsible party matters, because each one may carry its own insurance.
Pennsylvania Medical Malpractice Laws to Know
Strict filing deadlines
In most cases, a medical malpractice lawsuit in Pennsylvania must be filed within two years of when the patient knew, or reasonably should have known, about the injury and that it may have been caused by medical care. Different rules apply to children and to wrongful death claims, which generally must be filed within two years of the death. Because these deadlines are complicated, it’s important to talk to a lawyer as soon as you suspect something went wrong.
A Certificate of Merit is required
Under Pennsylvania Rule of Civil Procedure 1042.3, a medical malpractice case can’t move forward without a Certificate of Merit. Within 60 days of filing the lawsuit, your lawyer must certify that a qualified medical professional has reviewed the case and stated in writing that there is a reasonable probability the care fell below accepted standards and caused the harm. That’s why our team has the medical records reviewed by qualified experts before a case is filed.
No cap on most damages
Pennsylvania does not cap compensatory damages in medical malpractice cases, so a jury can award what it finds fair for medical bills, lost income and pain and suffering. Punitive damages, which are rare, are limited by law.
What Compensation Can You Recover?
Every case is different, but compensation in a medical malpractice claim may include:
- Past and future medical bills, including ongoing care and therapy
- Lost wages and lost future earning ability
- Pain and suffering, and loss of enjoyment of life
- Disfigurement and disability
- For families who lost a loved one, wrongful death and survival claims for funeral costs, lost support and the family’s loss
Past results don’t guarantee a similar outcome in any case.
Pennsylvania Medical Malpractice FAQs
How do I know if I have a medical malpractice case?
A bad outcome alone isn’t always malpractice. A case usually requires showing that a provider’s care fell below the accepted standard, and that this caused real harm. Signs worth having reviewed include a diagnosis that came much later than it should have, a surgery that led to an unexpected injury, a medication mistake, or a condition that got worse while concerns were dismissed. Our team gets the medical records and has them reviewed so you get a straight answer.
How long do I have to file a medical malpractice claim in PA?
Usually two years from when you discovered, or reasonably should have discovered, the injury and its possible cause. Children and wrongful death claims follow different rules. Talk to a lawyer as soon as possible, even if the treatment happened a while ago.
Do I need an expert to bring a case?
Yes. Pennsylvania requires a Certificate of Merit based on a qualified medical professional’s review, and expert testimony is usually needed at trial. We handle finding and working with the experts.
Can I sue a hospital?
Often, yes. Hospitals can be responsible for mistakes made by their employees, and for their own failures, like unsafe staffing, poor policies or failing to supervise staff.
What if my loved one died because of a medical error?
Family members may be able to bring wrongful death and survival claims. These cases have their own deadlines, so it’s best to reach out soon.
How much does it cost to hire a medical malpractice lawyer?
Nothing up front. We handle medical malpractice cases on a contingency fee, so you pay no attorney fee unless we recover money for you. We’ll explain the fee agreement, including how case costs are handled, before you sign.
How long does a medical malpractice case take?
Medical malpractice cases often take longer than other injury cases because they require expert review and detailed medical evidence. Many take a year or more. We’ll keep you updated at every step.
Reach Out to a Pennsylvania Medical Malpractice Attorney
If you suspect medical negligence harmed you or a loved one, contact Ostroff Godshall Injury and Accident Lawyers as soon as possible. Even if the error occurred years ago, if it caused harm and you just discovered someone may have made a medical mistake, there may still be time for our team to help you.
In medical malpractice lawsuits, there can be several parties involved. Hospitals, doctors, nurses, pharmacists, drug companies, and other health care professionals can all make mistakes that lead to medical malpractice injuries. The Pennsylvania medical malpractice lawyers at Ostroff Godshall Injury and Accident Lawyers will spend the time and money to figure out who contributed to causing the harm. The firm only collects a fee if you recover compensation for the medical mistake.
We welcome you to contact us to schedule a free legal consultation.
Client Testimonials
- “I cannot recommend Shayna Shorr from Ostroff Godshall Law enough. Navigating my mother’s wrongful death case was very stressful and emotional, but Shayna provided compassion, guidance, and knowledge every step of the way. Her great understanding of both the legal and medical nuances was evident in how thorough she was with our case. She fought and advocated for our family to ensure we were treated fairly and kept me informed with new updates. Thanks to her time, dedication, and negotiation skills, we achieved a successful resolution. If you need a knowledgeable and caring advocate, look no further.” Shayna will treat you like family. My siblings and I consider her a bonus sister! – Rea G
- “I must say that I had no idea how the litigation process worked. But after meeting the team, I soon realized they believed in me and fought as hard as I did seeking justice for myself and my family. Any questions I had, no matter how small or trivial, were answered quickly, with logic, knowledge of the process, and great empathy. Their team was stellar. But my true thanks go to Richard, Fallon, and Susan, and their entire staff. Always a quick response time to any questions I had, which meant so much during such a sad and frustrating time in my life.
In the end, justice was served. And the team at Ostroff Godshall fought to obtain that justice for myself and my family. We are forever grateful. And recommend them highly.” – Lucy C.
- First and foremost, I want to thank the attorneys that worked with me during one of the most difficult times of my life. I am forever grateful to have been represented by such wonderful Attorneys. My Counselors, Shayna and Richard, were incredibly compassionate, understanding, and very patient with me. Their professionalism goes a long way. I loved how they worked with me and treated me as if I were someone in their family. I never felt like a client. I will forever be grateful to Ostroff Godshall because they saw me through one of the most devastating times in my life. I was able to call them, and they were always available. Shayna specifically is one-of-a-kind. I would reach out to her late in the evenings, and she would always respond to me and just be there for me. I will never forget the day I asked her to have breakfast with me on a weekend to discuss some of my concerns, and she did not hesitate to be there for me. I surely will never forget that. I would highly recommend Ostroff Godshall to anyone experiencing difficulties in their lives where they need good people to represent them. You will not regret it. One of my best decisions was hiring Ostroff Godshall to represent me. I am truly glad that I did. – Margarita M.
- “When I first contacted OG, I was a nervous wreck. I’ve never needed legal counsel before, but my experience working with them has been a blessing. They treated us like family and fought every step of the way to seek the justice we deserved. You say why OG? I say, why not? Who would you want in your corner? For me, it was OG.” – Nicole B.
Medical Malpractice Case Summaries
- $7,624,332 – CLARION COUNTY MEDICAL MALPRACTICE JURY VERDICT
Medical Malpractice Verdict for Delayed Cancer Diagnosis
Our firm secured a $7,624,332 verdict for a 33-year-old man following a one-year delay in diagnosing rectal cancer. The delay allowed the cancer to progress to stage IV metastatic disease and resulted in multiple surgeries.
- $3,000,000 – PHILADELPHIA MEDICAL MALPRACTICE
20 Month Delay in Diagnosing Breast Cancer
$3,000,000 settlement in a Philadelphia Medical Malpractice case for a 56-year-old woman who had a 20-month delay in diagnosing breast cancer. By the time the cancer was diagnosed, it had progressed to Stage III invasive lobular breast cancer, resulting in a double mastectomy, 16 rounds of chemotherapy, 12 rounds of radiation, and a loss of chance of survival. The case was able to be settled after depositions.
- $1,300,000 – LUZERNE COUNTY SETTLEMENT
Shoulder/Arm Injury
$1,300,000 pre-trial settlement for client injured by doctor’s medical malpractice when he cut a major nerve in her shoulder while performing a simple biopsy on her skin. Her injuries limited her arm movement thereafter.
- $1,000,000 – YORK COUNTY SETTLEMENT
Botched Plastic Surgery
$1,000,000 settlement of lawsuit filed in York County, shortly before trial. Client was seriously harmed by a local doctor who botched a plastic surgery he performed on her.
- $985,000 – PHILADELPHIA SETTLEMENT
Deep Tissue Buttock Injuries
$985,000 settlement during trial for a woman from Delaware who sustained severe, deep tissue injuries to her buttock from a negligently administered injection.
- $485,000 – CRAWFORD COUNTY SETTLEMENT DURING TRIAL
Stroke $485,000 settlement during trial for client from Cambridge Springs who suffered a stroke as a result of medical malpractice.
- $300,000 – CHESTER COUNTY MEDICAL MALPRACTICE
Delayed Diagnosis in Young Child
Our firm secured a $300,000 recovery for a young child whose testicular torsion went undiagnosed, resulting in the removal of one testicle. His parents were initially told that he had constipation and were instructed to take him home.
- $225,000 – PHILADELPHIA MEDICAL MALPRACTICE
Medical Malpractice Recovery for NG Tube Misplacement Case
Our firm secured a $225,000 recovery in a case involving the improper placement of an NG tube at Children’s Hospital of Philadelphia. The tube was placed in the lower lobe of the patient’s left lung rather than in her stomach. Shortly after placement, the patient reported that something felt wrong, and her parents observed that the tube appeared abnormal. Despite these concerns, they were allegedly reassured that the placement was proper based on a pH reading, without an X-ray to confirm it. Consequently, our client underwent several surgeries to clear her lung.
Past results don’t guarantee a similar outcome. Every case is different.
